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Dec 3, 2024 | 
justsecurity.org | Elizabeth Goitein
President-elect Donald Trump has promised to carry out the largest deportation operation in American history. While he has provided few specifics about how his administration would accomplish this, Trump has indicated that he will declare a national emergency and that he will invoke both the Insurrection Act and the Alien Enemies Act. A common theme in almost all of his statements is his intent to deploy the military.
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Oct 29, 2024 | 
brennancenter.org | Elizabeth Goitein |Joseph Nunn
This article first appeared at Just Security. Over the past week, recent updates to a Department of Defense (DoD) policy statement, Directive 5240.01, have generated a flurry of rumors in certain online circles. Commentators have posited that new language in the directive indicates that the federal government is planning to use lethal force against Americans during or after the upcoming presidential election.
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Oct 25, 2024 | 
9news.com | Joseph Nunn |Elizabeth Goitein
In a recent interview with Fox News, host Bret Baier and Democratic presidential nominee Vice President Kamala Harris talked about former President Donald Trump, suggesting he would turn the United States military on Americans who he’s referred to as an “enemy from within.” “He has repeated it many times. You and I both know that he has talked about turning the American military on the American people,” Harris told Baier.
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Oct 25, 2024 | 
justsecurity.org | Joseph Nunn |Elizabeth Goitein
Over the past week, recent updates to a Department of Defense (DoD) policy statement, Directive 5240.01, have generated a flurry of rumors in certain online circles. Commentators have posited that new language in the directive indicates that the federal government is planning to use lethal force against Americans during or after the upcoming presidential election.
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Oct 4, 2024 | 
brennancenter.org | Elizabeth Goitein |John Fitzpatrick
This article first appeared in Just Security. Access to sensitive national security information comes with critical constraints and responsibilities. Government employees and contractors who work with classified information sign non-disclosure agreements (NDAs) pledging not to divulge that information. They also agree to participate in prepublication review—a process by which agencies review proposed publications, talking points, and resumes to ensure they do not contain classified material.
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Sep 20, 2024 | 
justsecurity.org | Elizabeth Goitein |John Fitzpatrick
Access to sensitive national security information comes with critical constraints and responsibilities. Government employees and contractors who work with classified information sign non-disclosure agreements (NDAs) pledging not to divulge that information. They also agree to participate in prepublication review—a process by which agencies review proposed publications, talking points, and resumes to ensure they do not contain classified material.
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Sep 20, 2024 | 
lawfaremedia.org | Bob Bauer |Elizabeth Goitein |Jen Patja
Published by The Lawfare Institute in Cooperation With Bob Bauer, Professor of Practice and Distinguished Scholar in Residence at New York University School of Law, and Liza Goitein, Senior Director of Liberty & National Security at the Brennan Center, join Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to review the emergency powers afforded to the president under the National Emergency Act, International Emergency Economic Powers...
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Jul 24, 2024 | 
brennancenter.org | Elizabeth Goitein
This article first appeared in Slate. Defenders of democracy are rightly lamenting the Supreme Court’s decision that presidents are immune from criminal prosecution when performing “official acts.” But Congress has an opportunity to limit the damage that Trump v. U.S. may cause. To meet the moment, lawmakers will need to reclaim Congress’ role as a check on the presidency and rebalance the power between the two branches.
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Jul 23, 2024 | 
slate.com | Elizabeth Goitein
Skip to the content Jurisprudence Defenders of democracy are rightly lamenting the Supreme Court’s decision that presidents are immune from criminal prosecution when performing “official acts.” But Congress has an opportunity to limit the damage that Trump v. U.S. may cause. To meet the moment, lawmakers will need to reclaim Congress’ role as a check on the presidency and rebalance the power between the two branches.
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Jul 15, 2024 | 
brennancenter.org | Elizabeth Goitein
Elizabeth Goitein, senior director of the Brennan Center’s Liberty and National Security Program, explains why reforming the Insurrection Act can’t wait. RSVP for a live virtual panel discussion on the issue featuring Goitein and other experts on July 25 at 3 p.m. ET. What is the Insurrection Act and what makes it dangerous? The Insurrection Act is what we call an amalgamation of statutes passed by Congress between 1792 and 1871.
